KAJANG: A magistrate, who sent a boy to the Henry Gurney reform school for statutory rape of a girl until she became pregnant, said the order was made because the accused lacks proper support from his family.
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Muhammad Noor Firdaus Rosli said the neglect by his family allowed the boy to decide what was best for himself before he knew right from wrong.
“Worse, the blessing of the family could be the very reason why the offence was committed in the first place,” Noor said in his 24-page written judgment.
The magistrate, who presided in the Children’s Court, said he noted from the boy’s demeanour that he had not displayed any remorse for his action.
The boy was charged four months ago and pleaded guilty last month. The court heard the mitigation put forward by the boy and his parents.
The boy, who was 16 years and nine months old, committed the offence on the girl, who was 15 years and six months old, on Dec 17 last year at a housing area in Seri Kembangan.
Medical examination revealed that the victim was pregnant, but the foetus was abnormal and eventually had to be removed by surgery.
Both the boy and the girl had been in a relationship for two years and have had sex at the girl’s house.
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The magistrate said the boy was fortunate that he was saved by his age, as the punishment for rape if he was an adult was imprisonment of a minimum 10 years up to 30 years plus mandatory whipping.
“I believe the child needs to be placed in an environment conducive to his reform as well as to repress further crime,” Noor said.
Taking into consideration the spirit of the Child Act 2001, the principles of laws and the facts of the case, along with the recommendation of the advisers, the probation report and the submission of the deputy public prosecutor, Noor said he found the appropriate order was to have the boy sent to Henry Gurney School in Telok Mas, Melaka, until he reached the age of 21.
He also imposed the additional condition that the boy’s parents or guardians should visit him once a month.
He said the probation report suggested that the boy be released on a bond of good behaviour, as he had attended school up to Form Two before working to help his family financially as a security guard prior to his arrest, apart from selling scrap metal that earned him RM1,400 a month.
According to the probation report, he never gave any problems to his family.
“It is glaring from the report that the child was accorded a treatment of an adult way before he was entitled to it, and he was free not to attend school.
“To my shock and surprise, the boy’s and the victim’s families gave their blessings for them to have a relationship that ended with pregnancy and a commission of an offence,” he added. -FMT